Feb 21, 2012

What's Up With Social Security's Occupational Information System Project?

I have uploaded to Scribd a part of Social Security's Fiscal Year 2013 appropriation justification, that is their explanation of why they need the money they have requested. This part discusses research, particularly the planned Occupational Information System (OIS). You will note that Social Security tries hard to play up the role of the Department of Labor. Don't be fooled. This is completely controlled by the Social Security Administration. It has been clear all along that Social Security wants to control every aspect of its OIS project. That is the primary criticism that people outside Social Security have made of the OIS project.

4 comments:

What a novel concept. SSA wants to control its own processes and not be bound by other agencies' findings or decisions. How dare they?! Doesn't SSA know that things like VA disability decisions are supposed to have the force of law on all other agencies?

Under the Social Security Act, Congress delegated the authority to promulgate rules and make policy interpreting the Act to the Commissioner of Social Security. See section 205(a) of the Act; 42 USC 405(a). Thus, whether "SSA wants to control its own processes" is irrelevant. Congress delegated the responsibility to the Commissioner. As far as VA disability ratings go, they do not "have the force of law," as you indicate. VA disability ratings use a very different definition of disability than the one Congress put in the Act. See section 223(d)of the Act; 42 USC 423(d). Moreover, "A decision by ... any other governmental agency about whether you are disabled or blind is based on its rules and is not our decision about whether you are disabled or blind. We must make a disability or blindness determination based on social security law. Therefore, a determination made by another agency that your are disabled or blind is not binding on us." See 20 CFR 404.1504 and 416.904.